Transmittal for Handbook No: REV-1,CHG-4 Issued:

Transcription

1 U.S. Department of Housing and Urban Development Special Attention of: Regional Directors Multifamily Hub Directors Multifamily Program Center Directors Supervisory Project Managers Project Managers Contract Administrators, and Owners and Management Agents of projects covered by this Handbook Transmittal for Handbook No: REV-1,CHG-4 Issued: This Transmits Change 4 to Handbook REV-1 "Occupancy Requirements of Subsidized Multifamily Housing Programs" is updated to include information on use of the Enterprise Income Verification (EIV) system; Violence Against Women Act (VAWA) requirements; Supplemental Information to Application for Federally Assisted Housing; and Rent Refinement of Income and Rent Determination Requirements in Public and Assisted Housing Programs; Final Rule and requirements relating to admission of individuals subject to State lifetime sex offender registration requirements. 2. Implementation: Change 4 is effective upon issue. 3. Explanation of materials transmitted: A. Changes are designated by an asterisk (*) at the beginning and ending of the change and the date 8/13 is reflected at the bottom of the affected page. B. Chapter 1. Introduction Paragraph 1-2.D Added HUD-Veterans Affairs Supportive Housing and Mainstream Vouchers Paragraph 1-3.B Removed the time reference to the Section 202 program Paragraph 1-7.B.1-14 Added relevant links for HUD Websites Paragraph 1-7.B Removed paragraph referencing TRACS Information Packet (Yellow Book) Paragraph 1-7.B.4 Clarified paragraph Paragraph 1-7.B.6 Indicated the Resident s Rights and Responsibilities Brochure is available in English and several other languages Paragraph 1-7.B.11 Clarified the EIV system is to be used to verify a tenant s employment and income and to assist in the reduction of administrative and subsidy errors Paragraph 1-7.B.12 Added new paragraph for EIV& You brochure and description Paragraph 1-7.B.13 Revised paragraph Paragraph 1-7.B.14 Revised paragraph Paragraph 1-7.C Provided instructions for ordering publications online Figure 1-2 Added Authorities to title Figure 1-2 Added 1) Nondiscrimination and Equal Opportunity in Housing, 2) Collection of Data, 3) Economic Opportunities for Low and Very Low Income Persons, and 4) Section 202/811 Mixed Finance 1

2 C. Chapter 3. Eligibility for Assistance and Occupancy Corrected erroneous references or typos: 3-6.B.2, 3-12.H.2, 3-12.L.1.b, Figure 3-1 Added Enterprise Income Verification (EIV) Paragraph 3-3.F Added 24 CFR Mandated Use of HUD s Enterprise Income Verification (EIV) System Paragraph 3-4 Added example for determining eligibility at initial certification Paragraph 3-5.B Clarified Social Security Number disclosure requirements Paragraph 3-5.C Clarified that a consent for the release of information is to be signed Paragraph 3-6.B.2 updated link Paragraph 3-6..E.3.a.(2)(e) Added SSN must be disclosed and verification provided Paragraph 3-6..E.3 Removed foster children and foster adults Paragraph 3-9 and Subparagraphs Revised Social Security Number disclosure requirements to conform with 24 CFR published in the Federal Register on December 29, 2010 and Housing Notice Paragraph 3-10.B Added new paragraph for use of the EIV Existing Tenant Search Paragraph 3-10.C Added the prohibition extends to any PIH rental assistance programs Paragraph 3-10.C Added new paragraph for EIV Multiple Subsidy Report Paragraph 3-11.A.1 Added co-head must sign and all must date the form at initial certification and each recertification Paragraph 3-11.A.2 Clarified how form HUD-9887 correlates with EIV Paragraph 3-11.B Added note for form HUD-9887 for individuals turning 18 between recertifications Paragraph 3-11.C.2 Changed tenant to family Paragraph 3-12.H.2 Added link and EIV System Paragraph 3-12.I.2 Clarified the statement is in addition to declaring citizenship status on the Citizenship Declaration form Figure 3-4 Updated the Figure to represent currently accepted DHS documents Paragraph 3-12.L.1.b Added link and EIV System Paragraph 3-13.A.2 Changed and to or and added Note to supplement the paragraph Paragraph 3-21 Added paragraph about use of Existing Tenant Search and Multiple Subsidy Search Paragraph 3-21.B and C Included reference to the Housing Choice Voucher regulations Paragraph 3-24 Added 24 CFR Mandated Use of HUD s Enterprise Income Verification (EIV) System Paragraph 3-26.B Revised the order of priority for acceptable verification methods and added reference to Paragraph 5-13 Paragraph 3-26.C Included income verification Paragraph 3-28.B.1 revised third party verification sources for verification of disability Paragraph 3-28.B.2 Clarified in the Note that the varying accuracy of Disability Status in EIV and how to verify Paragraph 3-30 Added the EIV System for up front verification of employment and income information Paragraph 3-31 Changed name to Verification of Social Security Numbers Paragraph 3-31 A-C Revised Social Security Number verification requirements to conform with 24 CFR published in the Federal Register on December 29, 2010 and Housing Notice Exhibit 3-5 Revised exhibit to update currently accepted DHS documents D. Chapter 4. Waiting List and Tenant Selection Plan Figure 4-1 Added Enterprise Income Verification (EIV) and Violence Against Women Act (VAWA) Paragraph 4-3 Added Social Security Number (SSN) Requirements and penalties; 24 CFR and 24 CFR and Mandatory Use of Enterprise Income Verification (EIV) 24 CFR Figure 4-2 Added State lifetime sex offender registration check, EIV Existing Tenant Search, and VAWA Paragraph 4-4.C.1.c Removed language for when an individual has no SSN 2

3 Paragraph 4-4.C.3.d Added use of EIV Existing Tenant Search Paragraph 4-4.C Added paragraph on VAWA Paragraph 4-6.C.1.b Updated requirements for residency preference to be in accordance with 24 CFR 5.105(a) Paragraph 4-6.C.4 Extended paragraph to include dating violence and stalking Paragraph 4-7.B Added paragraph establishing procedures for using EIV Existing Tenant Search Paragraph 4-7.B.6 Added State lifetime registration as a sex offender Paragraph 4-7.D Added new paragraph on screening using the EIV Existing Tenant Search Paragraph 4-7.E Added sex offender screening criteria Paragraph 4-9.A Added paragraph on prohibition of denying assistance to victims protected under VAWA Paragraph 4-9.B Revised SSN requirements to conform with 24 CFR published in the Federal Register on December 29, 2010 Paragraph 4-10 Updated Affirmative Fair Housing citations Paragraph 4-13 Added Social Security Number (SSN) Requirements and penalties; 24 CFR and 24 CFR Paragraph 4-14 Added paragraph for Supplement to Application for Federally Assisted Housing Paragraph 4-14.A.4 Changed should to may Paragraph 4-14.B Added two paragraphs requesting information regarding sex offender registration, SSNs, and Supplement to Application for Federally Assisted Housing Paragraph 4-14.D Added paragraph and subparagraphs describing the Supplement to Application for Federally Assisted Housing Paragraph 4-16.C Added paragraph regarding SSN disclosure and verification requirements Paragraph 4-20 Added provision for applicant failing to provide SSNs for all household members Paragraph 4-22.B and C Added form HUD completed by the applicant Paragraph 4-22.E Added statement indicating additional disclosure requirements are in place for EIV Income data in tenant files Paragraph 4-23.B Added disclosure and verification of SSN(s) Paragraph 4-24.B.2 Added use of information contained in the EIV system Paragraph 4-24.B.7 Added use of the Existing Tenant Search in EIV Paragraph 4-24.B.9 Revised the SSN disclosure and verification requirements Paragraph 4-24.B.10 Clarified employment and income information from SSA s and HHS NDNH database are included Paragraph 4-24.B.12 Changed tenant to applicant Paragraph Added EIV & You and Resident Rights and Responsibilities brochures Paragraph 4-27.E.4.a Added State lifetime sex offender registration Paragraph 4-27.E.5 and 4-27.E.5.a-g Added State sex offender registration record(s) Paragraph 4-27.E.6 Added State lifetime sex offender registration Paragraph 4-27.E.7.b Added State lifetime sex offender registration Exhibit 4-1 Removed Note at the beginning for Exhibit, added SSA Benefit Letter and Proof of Income Letter E. Chapter 5. Determining Income and Calculating Tenant Rent Figure 5-1 Added Enterprise Income Verification (EIV) Paragraph 5-3 Added 24 CFR5.233 Mandated Use of HUD s Enterprise Income Verification (EIV) System Paragraph 5-5.A Removed two Paragraph 5-5.A.2 Removed example text Paragraph 5-5.A.3 Added new paragraph and subparagraphs on Using EIV Paragraph 5-6.A.3.d Clarified the paragraph to relate to earned income and this income exceeding $480 annually Paragraph 5-6.I Provided reference to Sections J and O along with an Example Paragraph 5-6.Q.3 Added paragraph excluding deferred Department of Veterans Affairs disability payments received in a lump sum or in prospective monthly payments for Section 8 tenants Paragraph 5-7.G.4.b clarified IRA, Keogh, and similar retirement savings accounts are counted as assets, even though withdrawal would result in a penalty, unless benefits are being received through periodic payments. 3

4 Paragraph 5-7.G.4.d revised to read Include in annual income any retirement benefits received through periodic payments. Do not count any remaining amounts in the account as an asset. Paragraph 5-10.A.1 Clarified the deduction does not apply to foster children and foster adults; added statement for not needing legal custody of dependent to receive deduction Paragraph 5-10.A.2 included foster adult Paragraph 5-11 Added 24 CFR Mandated use of HUD s Enterprise Income Verification (EIV) System Paragraph 5-12.A.2 Added paragraph for use of EIV system for third party verification of a tenant s employment and income at time of recertification and to assist in reducing administrative and subsidy payment errors Paragraph 5-12.A.4 Updated paragraph to conform with SSN requirements found in 24 CFR Figure 5-4 Updated figure to conform with SSN requirements found in 24 CFR Paragraph 5-13.A Updated the order of acceptable methods of verification Paragraph 5-13.B Added detail for the types of third party verification in the order of their acceptability Paragraph 5-13 Removed two paragraphs titled Review of Documents and Family Certification Paragraph 5-15.A Removed medical professionals and the reference to the HUD Fact Sheet and the Resident Rights and Responsibilities brochure Paragraph 5-15.B.1 Added IRS, SSA, and SWICAs abbreviations and the Department of Health and Human Services National Directory of New Hires Paragraph 5-15.B.2 Clarified the 9887 must be signed by head of household, spouse, co-head regardless of age Paragraph 5-15.C Added the EIV & You brochure Paragraph 5-15.C.1 Clarified HUD-9887-A form and Fact Sheet Paragraph 5-15.C.2 Removed reference to HUD National Multifamily Clearinghouse and provided reference to Chapter 1 Paragraph 5-15.C.3 Added new paragraph for EIV & You brochure Paragraph 5-16 Removed paragraph Paragraph 5-16 (new) Removed repetitive language to clarify paragraph Paragraph 5-16.A Added HUD-9887-A Paragraph 5-16.A.3 Added new paragraph for NDNH Paragraph 5-16.A.3.c Added NDNH reference Paragraph 5-16.B.1 and 2 Clarified valid verification dates Paragraph 5-16.B.4 Removed paragraph Paragraph 5-17 Rearranged wording to make the paragraph read clearly Paragraph 5-18.B Revised to include EIV and EIV documentation Paragraph 5-18.D Added original tenant provided documents must be returned to tenant and removed the Note Paragraph 5-20 New paragraph Added explaining Security of EIV data Paragraph 5-21.A Added HUD-9887-A Paragraph 5-21.B added any member of the tenant s family, indicated the household s assistance is terminated Paragraph 5-21.C Example Added HUD-9887-A Paragraph 5-23.A.3 Added paragraph for EIV Income Report Paragraph 5-23.A.4 Clarified third party verifications received from third-party sources Paragraph 5-23.C Added Note on the Federal Privacy Act Paragraph 5-23.D Added HUD-9887-A Paragraph 5-25.B.1 Clarified operating rent by inserting gross rent Exhibit 5-3 Added language to clarify transportation to/from treatment and lodging Exhibit 5-3 Removed language allowing certain maintenance or personal care services provided for qualified long-term care as medical expenses 4

5 F. Chapter 6. Lease Requirements and Leasing Activities Updated references throughout Chapter. Paragraph 6-1.B Section 1: added lease addendums as a required attachment to the lease, when applicable. Section 4: added the EIV & You brochure as a required handout that must be provided to tenants Figure 6-1 Added Violence Against Women Act (VAWA) as a key term Paragraph 6-3 Added Subsection E: Violence Against Women Act (VAWA) Protection, and cites the governing authority Paragraph 6-4, 6-4.A, 6-4.C, 6-4.D Added lease amendments to the heading; identifies lease addendums as a regulatory requirement, and clarified the availability of model leases in English and other languages; added subparagraph C on VAWA Lease Addendum; clarified in 6-4D that changes to model lease by owners may only be for documented state and local law, and, lease changes are made using a lease addendum Figure 6-2 Clarified required leases for Section 202/8 or Section 202 PACs, and the programs that use the lease. Figure 6-3 New Figure for HUD Issued Lease Addendum; includes VAWA addendum Paragraph 6-5.A, B, C, D and E added owner s, VAWA lease addendum and clarified the requirements of HUD issued lease addenda Paragraph 6-5.G Added paragraph for Requirements of HUD issued lease addendums Paragraph B, C and D Clarified that lease changes must be incorporated into the lease as a lease addendum, and no HUD/CA approval required; clarified that owner modification must be in form of lease addendum and requires HUD/CA approval Paragraph 6-24.C Updated definition of Assistance Animals Paragraph B Updated list to include VAWA addenda and EIV & You as topics to be covered in tenant briefing Paragraph 6-27.C.2 Added language to ensure owners have appropriate means to communicate with hearing and/or speech impaired individuals and HUD s LEP website link Figure 6-9 Included Police/Security Addendum, VAWA Addendum, EIV & You Brochure, and How Your Rent is Determined Fact Sheet Exhibit 6-6 Added EIV and VAWA G. Chapter 7. Recertification, Unit Transfers, and Gross Rent Changes Figure 7-1 added Enterprise Income Verification (EIV) as a key term. Paragraph 7-3 added 24. CFR Mandated Use of HUD s EIV System Paragraph 7-4 clarified when owners must use EIV Income Report as third-party verification; that owners must provide tenant with copy of EIV & You brochure, and that owner s policy on criminal background checks may include lifetime sex offender registration checks Paragraph 7-6 clarified that HUD will terminate a certification if a new recertification is not submitted within 15 months from the anniversary date Figure 7-3 clarified the owner s responsibility for obtaining and reviewing EIV reports and for documenting social security numbers for all household members in the recertification steps Paragraph 7-8.C clarified that owners must use EIV Income Report as third party verification unless tenant disputes the EIV information or the owner cannot provide acceptable documentation to use for rent calculation Paragraph 7-8.D.3 added and clarified tenant eviction as a condition for non-recertification Paragraph 7-10.A and C clarified State sex offender registration check as a required screening criteria and requires tenant to disclose and provide verification of SSN; clarified Subparagraph C that an owner must not use the EIV report for a tenant that turned 18 unless the tenant signs the consent form HUD-9887 Paragraph 7-11.A.3 added Note Paragraph 7-11.C - clarified State sex offender registration check as a required screening criteria and requires tenant to disclose and provide verification of SSN 5

6 Paragraph 7-12.A clarified EIV s usage when tenant reports a change in employment or income Paragraph 7-12.B.1 added use of the EIV New Hires Report Paragraph 7-13.C.2 added example Paragraph 7-18.C Removed 75 day implementation of utility allowance and clarified effective dates Paragraph 7-18.D Removed Note at the end of paragraph Exhibit 7-3 Added at least to the date requirement in the notice Exhibit 7-5 Added verifications not available in the EIV System H. Chapter 8. Termination Corrected erroneous references or typos: 8-4 Figure 8-1 Added Enterprise Income Verification (EIV) Paragraph 8-5.A Changed family to household members Paragraph 8-5.B Separated to two paragraphs and added Department of Health and Human Services (HHS ) National Directory of New Hires (NDNH) Paragraph 8-5.D Note Added wording to clarify rent paid when a tenant with more than one form of subsidy has their subsidy terminated Paragraph 8-11.A Added 24 CFR Penalties for failing to disclose and verify Social Security and Employer Identification Numbers Figure 8-2 Added failure to disclose and provide verification of SSN(s) and failure to sign and submit consent forms Paragraph 8-13.A.6 Added new paragraph and subparagraphs for failure to disclose and provide verification of SSNs Paragraph 8-14.A.5 Added sex offender language to match Housing Notice Paragraph 8-14.C.1, 3, 4, 5, 7, 9, 11, 13, and 14 Added State lifetime sex offender registration records Paragraph 8-14.C.3 Added members of the applicant s household Paragraph 8-14.C.5.a and b Removed Section 8 reference Paragraph 8-14.C.7 Added Note for lifetime sex offender registration Paragraph 8-14.C.9 Added Note on Dru Sjodin National Sex Offender Database Paragraph 8-14.C.13 Added language requiring owners to maintain criminal records and sex offender registration check Paragraph 8-17 Added 24 CFR Mandated Use of HUD s Enterprise Income Verification (EIV) System Paragraph 8-18.A Added use of EIV system Paragraph 8-18.C.1.c Added Note indicating for when owners may not suspend, terminate, reduce or make a final denial of any benefits of a tenant Paragraph 8-18.E.2 Added a reference to paragraph 8-23 Paragraph 8-20 Added paragraph and subparagraphs dealing with Discrepancies Reported in EIV Paragraph 8-21.A.1.c Added fails to report income received Paragraph 8-21.A.3 Reworded repayment plan to repayment agreement Paragraph 8-21.A.5 Revised paragraph to expound on five year limitation for overpayments Paragraph 8-21.A.6 Revised paragraph for having on hand for overpayment of assistance Paragraph 8-21.B.2 Added paragraph regarding owner retaining portion of repayments actually collected from the tenant Paragraph 8-22 Added a revision paragraph on tenant repayment options Paragraph 8-23 Added a revision paragraph on repayment agreements Paragraph 8-24 Added paragraph regarding Income Discrepancy Report Paragraph 8-24.B Removed wording on finding errors through Management and Occupancy Reviews and added language on how to handle income discrepancies Paragraph 8-25 Added paragraph for Reimbursement for Errors Discovered During a Monitoring Review 6

7 I. Existing Chapter 9 from Change 3 This chapter has been removed due to the information already existing in the MAT Guide. J. New Chapter 9. Enterprise Income Verification (EIV) Entire chapter has been created providing guidance for HUD s Enterprise Income Verification System Exhibit 9-1 Failed EIV Pre-screening Report Error Messages Exhibit 9-2 Failed Verification Report (Failed the SSA Identity Test) Error Messages Exhibit 9-3 EIV Income Report Information Exhibit 9-4 Sample Tenant Consent to Disclose EIV Income Information Exhibit 9-5 Use of EIV Reports Exhibit 9-6 National Directory of New Hires (NDNH) Data Elements Exhibit 9-7 How EIV Calculates Income Discrepancies K. Appendices Appendix 3 Added chapter references to all factors to be verified Appendix 3 Assets disposed of for less than fair market value clarified self-declaration certification can be signed by applicant and/or tenant; reworded verification tips for clarification Appendix 3 Employment income including tips, gratuities, overtime Added EIV Income Report under verification tips; changed most recent pay stubs to 4-6 Appendix 3 Added new factor and acceptable sources Immigration Status (SSN) Individuals who do not contend eligible immigration status under the Section 221(d)(30 BMIR, Section 202 PAC, Section 202 PRAC, Section 811 PRAC programs Appendix 3 Income maintenance payments, benefits, income other than wages Added EIV for written third party and verification tips Appendix 3 Social Security number Revised documents to be provided by applicant and removed selfdeclaration Appendix 3 Added new factor and acceptable sources Student Status (Section 8 only) Appendix 3 Added new factor and acceptable sources Student Status (Section 221(d)(3) BMIR, Section 202 PAC, Section 202 PRAC and Section 811 PRAC) Appendix 3 Unemployment compensation Added EIV for written third party and verification tips Appendix 3 Notes Added HUD9887-A, EIV, and reworded for third party source Appendix 6-C Updated C.1 for EIV, Social Security and SSI income; added Proof of Income Letter Appendix 6-C Updated C.2 for EIV Appendix 7-B Updated Item 45 to remove under 6 SSN language L. Glossary Defined or revised the definition of the following terms: Accessible (FH Act) Accessible Route (FH Act) As-Paid Locality Assistance Animals Bifurcate Dating Violence Domestic Violence Enterprise Income Verification (EIV) Immediate Family Member Improper Payment Independent Public Auditor Operating Rent (PRAC) 7

8 Security Personnel Stalking VAWA I approve the above changes to HUD Handbook , REV-1, Occupancy Requirements of Subsidized Multifamily Housing Programs. Carol J. Galante, Assistant Secretary for Housing Federal Housing Commissioner 8